Can I have CA RAW's while temporarily having residency in another state.

[noah1979]

So I have an interesting idea but I don't know if I can do it.

I am currently a CA resident with approximately 10 semi auto long guns that will become RAW's..

The first week of January I am leaving town for work and I'm going to a free state. So here is my question

If I leave my long guns locked in a safe at my house with my wife in CA. Then while out of town get a Driver license and stock up on all the off roster goodies I want.

I know this has worked for buddies in the past. But I don't know if there is a presumption that my long guns went with me, especially if I don't complete the AW registration until long after I'm back.

Anybody have any thoughts?

[P5Ret]

Since there really isn't a question in your post, I'm going to take a wild guess that you are hoping to be able to buy off roster handguns while out of state for a job, and to bring them back with you when you return home. If that is the case you may want to read this first.

27585.
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

[71MUSTY]

In addition you can not get a Drivers License in another state without surrendering your current one and California does not recognize dual residency with regards to firearms.

Although it is difficult to guess what you are actually asking you can bet money it will be illegal.

[Quiet]

So I have an interesting idea but I don't know if I can do it.

I am currently a CA resident with approximately 10 semi auto long guns that will become RAW's..

The first week of January I am leaving town for work and I'm going to a free state. So here is my question

If I leave my long guns locked in a safe at my house with my wife in CA. Then while out of town get a Driver license and stock up on all the off roster goodies I want.

I know this has worked for buddies in the past. But I don't know if there is a presumption that my long guns went with me, especially if I don't complete the AW registration until long after I'm back.

Anybody have any thoughts?

Possession of a firearm with a "bullet button" maglock will still be legal until 01-01-2018.
If those firearms are not registered as assault weapons or made compliant (featureless or fixed 10 round magazine), then possession will be illegal starting 01-01-2018.

If those firearms are registered as assault weapons, then they need to be stored in a manner that only the registered owner has access to them.


Also, the laws changed on 01-01-2015 for "dual residence of CA"...

As long as you retain CA residency (owning property, having a valid CA DL/ID, registered to vote in CA, etc) while residing in another State, CA will still consider you a CA resident.

Therefore, any firearm you acquire as a resident of the other State can not be legally brought back to CA unless it is transferred to you through a CA FFL dealer. [PC 27585(a)]
The CA DROS system will not allow non-exempt off-Roster handguns to transferred in.
Failure to utilize a CA FFL dealer will equate to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

[noah1979]

What if I give up my California residency for 6 months? Lots of people leave and move back later....is the assumption my long guns left ca with me?

[Librarian]

What if I give up my California residency for 6 months? Lots of people leave and move back later....is the assumption my long guns left ca with me?

Can't speculate on who might assume anything - no data.

But evidence that you are not really intending to make your new home in a place - for example, posts on a public forum known to be read by Federal, state and local LE that say "What if I give up my California residency for 6 months?" - cuts against the odds of success for such a plan.

[John Browning]

Can't speculate on who might assume anything - no data.

But evidence that you are not really intending to make your new home in a place - for example, posts on a public forum known to be read by Federal, state and local LE that say "What if I give up my California residency for 6 months?" - cuts against the odds of success for such a plan.

...but...is it a plan if the first thing you do is incredibly naive and counterproductive to the point you couldn't have possibly thought this through?

[Cokebottle]

What if I give up my California residency for 6 months? Lots of people leave and move back later....is the assumption my long guns left ca with me?

You will not be able to bring those long guns back with you unless they are compliant with 2017 laws.

[noah1979]

First of all, the job is legitimate as well as where I would be residing. Second, I have no intent whatsoever of breaking or bending the law. Being that I would be aquiring a domicile in my name and paying bills in and taxes to the state I would be working in, I would be well within my rights to obtain residency and be subject to the laws of that state.

I was hoping law enforcement would in fact read this post, and let me know which laws apply and how.

So does anybody know that if I become a resident of another state for a period of time, does California DOJ automatically assume that all of my registered firearms have left the state, even if I do not file the inter-state transfer paperwork.

Maybe my original post wasn't very well worded, but I am neither naive or a criminal. I wouldn't do anything that wouldn't withstand a very bright light being shone on it, and as such made my inquiry in the most public way possible.

[Librarian]

So does anybody know that if I become a resident of another state for a period of time, does California DOJ automatically assume that all of my registered firearms have left the state, even if I do not file the inter-state transfer paperwork.

I know of no mechanism to inform anyone you have left with your guns, nor of any mechanism for interested LE to make such a determination.

[P5Ret]

So I have an interesting idea but I don't know if I can do it.

I am currently a CA resident with approximately 10 semi auto long guns that will become RAW's..

The first week of January I am leaving town for work and I'm going to a free state. So here is my question

If I leave my long guns locked in a safe at my house with my wife in CA. Then while out of town get a Driver license and stock up on all the off roster goodies I want.

I know this has worked for buddies in the past. But I don't know if there is a presumption that my long guns went with me, especially if I don't complete the AW registration until long after I'm back.

Anybody have any thoughts?

Based upon the bolded sentence in your original post, it does not appear that you intend to make where ever you are going to your permanent residence, and do intend to return to Ca. I do not believe that passes the basic smell test for avoiding 27585. You really need to consult an attorney who knows all the in's and out's of dual residency situations.

[Cokebottle]

I am currently a CA resident with approximately 10 semi auto long guns that will become RAW's..

The first week of January I am leaving town for work and I'm going to a free state. So here is my question

...........

especially if I don't complete the AW registration until long after I'm back.

You will not be able to complete the AW registration the first week of January.
You will not be able to complete the AW registration after December 2017.

IF:
You maintain California residency, then you may not purchase off-roster handguns and bring them into California. You must register your AWs before the end of 2017.

IF:
You establish residency in a different state, then you MAY purchase off-roster handguns and bring them into California as a future new resident, however, if you establish residency in a different state, you may not bring your AWs into California After December 31, 2016.

[beanz2]

Why can't you transfer all of your future AW's to your wife's name?

[Cokebottle]

Why can't you transfer all of your future AW's to your wife's name?

There may or may not be a way to register them to multiple residents of the same household.
It was possible in 1990 and 2000.
OP will be out of the state by the time we find out.
Likely will be nothing in writing... it'll be a matter of waiting for someone to register, get their paperwork, then register their wife and see if it gets kicked back or completed.

[RickD427]

Based on what you posted, you're a California resident the whole time that you're away.

Forget about changing your driver's license over to a different state. That's irrelevant to your status as a California resident for firearms purposes. Please check out Penal Code section 17000(b)(1). So long as you maintain a home in California and have an intent to return, you're a California resident. It don't matter what you "declare" or what kinda driver's license you get.

There's no issue with your leaving weapons in California provided that there is no "transfer" of those weapons to another person.

You may be able to lawfully acquire firearms while in another state. But you're going to be subject to Penal Code section 27585 upon your return to California. You have to ship any such weapons to a California FFL who then transfers them to you in California. You cannot bring them in yourself. The "Safe Handgun" roster applies.